The following Competition guidance note Produced in partnership with Bell Gully provides comprehensive and up to date legal information covering:
A conversation with Torrin Crowther, partner and Glenn Shewan, special counsel, at New Zealand law firm Bell Gully, on key issues on merger control in New Zealand.
NOTE–to see whether notification thresholds in New Zealand and throughout the world are met, see Where to Notify.
On 14 August 2017 the Commerce (Cartels and Other Matters) Amendment Act (the 2017 Amendment Act) received Royal assent.
The 2017 Amendment Act repealed the previous provision that extended New Zealand’s merger control prohibition to cover overseas mergers that 'affected' a market in New Zealand. However, it introduced new provisions (sections 47A to 47D) allowing the New Zealand Commerce Commission (the Commission) to make an application to the High Court for a declaration in respect of overseas acquisitions that result in acquisition of a New Zealand body corporate where that acquisition has, or is likely to have, the effect of substantially lessening competition in a market in New Zealand.
If such a declaration is made, the court may make an order requiring the New Zealand body corporate to cease carrying on business in New Zealand in the market to which the declaration
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